While Bensenville is not a large village, it is located in both DuPage and Cook Counties. Bensenville is home to close to 18,000 people, and about half of the households in Bensenville include married couples. Marriages do not always last, however, and residents of Bensenville are not immune to the fact that about half of marriages end in divorce. If you are currently weighing whether you should file for divorce or are dealing with any other family law issue, you should consult a capable family law attorney to discuss your options. At Kollias & Giese, P.C., our Bensenville divorce lawyers will work diligently to help you pursue a favorable outcome in your case.Filing a Petition for Dissolution of Marriage
A common family law issue faced by residents of Bensenville is how to proceed with a dissolution of their marriage. In Illinois, either the person who files a petition for dissolution of marriage or his or her spouse must reside in the state for 90 days before the action is filed. The case must be filed in the county where either the plaintiff or the defendant lives.
Under Illinois law, a divorce action is instituted by filing a petition seeking a dissolution of marriage. The petition can be filed by either party, but it must set forth the age, address, and occupation of each spouse, as well as how long he or she has resided in the state. Additionally, it must indicate when and where the marriage occurred and state whether there are any other pending divorce actions. The petition must also set forth the names and addresses of any children born during the marriage and explain whether the parties have made any arrangements regarding support or spousal maintenance, or the allocation of parental responsibilities. Lastly, the petition must state which relief is sought. A divorce attorney in Bensenville can help you make sure that you meet all of these requirements.
Once the petition has been filed, it must be served on the other party. Illinois has specific laws regarding the manner in which legal documents may be served, and it is essential to make sure that the petition is served properly. After the petition is served, the other party must respond to the petition in a timely manner, or he or she may be found in default. While the process may seem straightforward, obtaining a divorce can be unexpectedly complicated.Joint Simplified Dissolution
In certain cases, Illinois allows for a joint simplified dissolution of a marriage. A joint simplified dissolution may be an option in cases in which the parties do not have children together, and the marriage has lasted less than eight years, if additional requirements are met. First, as in all Illinois divorce cases, the parties must show that at least one of them has resided in Illinois for at least 90 days and that irreconcilable differences have led to the breakdown of the marriage.
Our Bensenville divorce attorneys can help spouses seeking a joint simplified dissolution show that they meet certain requirements with regard to support, assets, and property. First, they must attest that they are not dependent on each other for support or are willing to waive their right to support. They must also waive the right to any spousal maintenance. Furthermore, the parties must disclose all of the assets and liabilities for each year of their marriage, and they must enter into a written agreement in which they divide any asset worth more than $100 and divide responsibility for any debt or liability. Lastly, the parties must prove that their interests in real property, retirement benefits, and marital property are less than the threshold amounts set forth under the law.Meet with a Capable Family Law Attorney
Family law issues can affect people of any age or income level, and they are as common in smaller towns like Bensenville as they are in large cities. If you need assistance with a family law matter, you should meet with an experienced divorce lawyer in the Bensenville area to discuss your available options. The family law attorneys at Kollias & Giese, P.C. can help you attempt to resolve your case in a fair and efficient manner. To set up a meeting, contact us at (630) 407-1200 or through our online form.